The Court of Protection (“the Court”) has recently granted a 28-year-old man, known as “P”, permission to marry his fiancée. The Court makes decisions on financial or welfare matters for people who are unable to decide for themselves as they lack mental capacity,

P has learning difficulties and has a court appointed Deputy “D”, to manage his affairs, including the £1.5million compensation he received following a road traffic accident. 

P recently announced his intention to marry his fiancée, whom he met three years previously and who lives in his home with her two children.  

P has a Will leaving his estate to his parents but this would be revoked on marriage. D was therefore concerned and applied to the Court for a declaration that P lacked the requisite capacity to marry on the basis that he has difficulties with saying “no” and is easily persuaded.

The Court dismissed D’s application, especially as P had the capacity to make a Will, and granted P the permission to marry his fiancée.  The Court also suggested that P should execute a codicil to his Will that would survive his marriage and ensure that his new wife does not inherit his estate.

If you would like to discuss the role of a Deputy, the Court of Protection or have concerns about someone with capacity issues, please contact one of our Private Client lawyers on 01384 410410.